- 1 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 3929 OF 2016 (MV-D) BETWEEN: 1. SMT. NIRMALA TIWARI W/O LATE D S OMPRAKASH AGED 56 YEARS OCCUPATION: HOUSEHOLD WORK R/O AREBILACHI VILLAGE BHADRAVATHI TALUK-577 301 SHIVAMOGGA DISTRICT 2. PRASHANTH P S S/O LATE D S OMPRAKASH AGED 37 YEARS OCCUPATION: HOUSEHOLD WOK R/O AREBILACHI VILLAGE BHADRAVATHI TALUK-577 301 SHIVAMOGGA DISTRICT 3. SMT. BHAGYALAKSHMI W/O NAGARAJA PRASAD AGED ABOUT 34 YEARS R/O SHARAVATHI NAGARA SHIVAMOGGA-577 201 4. SMT. LATHA T W/O SRIKANTA PRASAD AGED ABOUT 32 YEARS R/O THIMLAPURA VILLAGE DODGOPANHALLI POST Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 BHADRAVATHI TALUK-577 301 SHIVAMOGGA DISTRICT …APPELLANTS (BY SRI GURUPRASAD HEGDE, ADVOCATE FOR SRI S V PRAKASH, ADVOCATE) AND: 1. VASUDEVA S/O HANUMANTHAPPA AGED MAJOR DRIVER OF TRACTOR AND TRAILER BEARING REG.NO.KA-17-TB-4220/21 R/O KUNDUR VILLAGE HONNALI TALUK-577 217 DAVANAGERE DISTRICT 2. SMT. SHAKUNTHALAMMA W/O LATE SIDDALINGAPPA SINCE DEAD BY HER LEGAL HEIRS 2(a) RAJASHEKARAIAH SINCE DEAD BY HIS LRS 2(a)(1) HALAMMA AGED ABOUT 45 YEARS W/O LATE RAJASHEKARAIAH 2(a)(2) CHANDRASHEKAR AGED ABOUT 20 YEARS S/O LATE RAJASHEKARAIAH, 2(b) SHASHIDARSWAMY AGED ABOUT 50 YEARS S/O SIDDLINGAPPA 2(c) SHANKARMURTHY AGED ABOUT 45 YEARS S/O SIDDLINGAPPA - 3 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 2(d) SIDDESH AGED ABOUT 30 YEARS S/O SIDDLINGAPPA 2(e) HARISH AGED ABOUT 28 YEARS S/O SIDLINGAPPA 2(f) SHIVAKUMAR AGED ABOUT 26 YEARS S/O SIDLINGAPPA R-2(a)(1), 2(a)(2) AND 2(b) TO 2(f) ARE R/AT KUNDUR VILLAGE AND POST HONNALI TALUK DAVANAGERE DISTRICT 2(g) SMT. SOUBHAGYA AGED ABOUT 44 YEARS W/O LATE PARAMESHWARAIAH R/O 4TH MAIN, 7TH CROSS NEAR BRM COLLEGE, HARIHARA DAVANAGERE 2(h) SMT. PUSHPA AGED ABOUT 42 YEARS W/O LATE SIDDAIAH R/O MUDDAVEERAPPA MUTH NELAKINAKATTE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT 2(i) BASAMMA AGED ABOUT 42 YEARS W/O VEERAIAH R/O VADDARA ATTUR HONNALI TALUK DAVANAGERE DISTRICT - 4 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 2(j) SMT. SAVITHRA AGED ABOUT 40 YEARS W/O RAJAIAH R/O CHILDANI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT 2(k) SMT. ANNAPOORNA AGED ABOUT 38 YEARS W/O SHIVAIAH R/O DODDAETHNAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT (R-2(A) TO R-2(K) ARE IMPLEADED V/O DATED 16.08.2023) 3. SRINIVASA S TIWARI S/O SAMSUNDAR TIWARI MAJOR, DRIVER AND OWNER OF SCORPIO CAR BEARING REG.NO.MH-06-AS-6045 R/O H.NO.31/404 SRI CHAYA BUILDING RAILWAY STATION ROAD PANUEL-NAVI MUMBAI …RESPONDENTS (BY SRI J D KASHINATH, ADVOCATE FOR R-1; SMT. VISHALAXA KADIWAL, ADVOCATE FOR R-3; R2(a)(1), R-2(a)(2), R-2(b), R-2(c), R-2(d), R-2(e), R-2(f), R-2(g), R-2(i), R-2(j) & R-2(k) ARE SERVED; V/O DATED 16.08.2023, NOTICE TO R-2(h) IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2015 PASSED IN MVC NO.941/2013 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT & SESSIONS JUDGE, SHIMOGA, SITTING AT BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 5 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) The appellants/claimants have filed this appeal for enhancement of compensation being aggrieved by the judgment and award dated 31.10.2015 passed in MVC No.941/2013 on the file of the learned IV Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi and Additional Motor Accident Claims Tribunal-IV (for short, 'the Tribunal'). 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. The brief facts of the case are as under: On 02.05.2013 at about 7.30 p.m., Om Prakash Subedar (hereinafter referred to as 'the deceased') was - 6 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 travelling in a Scorpio Car bearing Registration No.MH.06.AS 6045 belonging to respondent No.3 who was driving it with high speed and in a rash and negligent manner from Chitradurga towards Harihara. At that time, respondent No.1, being the driver of Tractor and Trailer bearing Registration No.KA.17.TB.4220-21 belonging to respondent No.2, came from wrong side and dashed against the said Scorpio Car on NH-204 in front of SIM Hospital, Davanagere, due to which, both the vehicles were damaged and the inmates of the car and the tractor trailer sustained injuries whereas, Om Prakash Subedar died on the spot. Hence, the claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal seeking compensation. 4. The Tribunal, after considering the oral evidence of P.W.1 and the documentary evidence as per Exs.P.1 to P.9, party allowed the claim petition awarding a total compensation of Rs.3,14,000/- with interest at the rate of 6% per annum from the date of petition till its realisation. - 7 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 Being aggrieved by the same, the claimants have filed this appeal seeking enhancement of compensation. 5. Sri Guruprasad Hegde, learned counsel for the appellants/claimants strenuously contended that the deceased was an agriculturist and was also an insurance agent earning Rs.15,000/- per month. The Tribunal, without considering the evidence on record, erred in assessing the income of the deceased at Rs.4,000/- per month and awarded compensation of Rs.2,64,000/- under the head 'loss of dependency', which is inadequate. He further contended that the accident is of the year 2013 and as per the Chart issued by the Karnataka State Legal Services Authority, the notional income would be at Rs.8,000/-. Further, the Tribunal has wrongly deducted 50% of the income of the deceased towards his personal expenses, though there are four claimants i.e., wife, married son and two unmarried daughters. Further, the Tribunal has not granted fair and reasonable compensation - 8 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 under the head 'loss of consortium'. Hence, he prayed to allow the appeal. 6. Per contra, learned counsel for the respondents justified the judgment and award passed by the Tribunal and prayed for dismissal of the appeal. 7. Having heard learned counsel for both the parties and on perusal of the appeal papers, the following point would arise for our consideration in this appeal: "Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?" 8. In the case on hand, the respondents have not disputed the accident in question, the cause of death of the deceased and the liability to pay compensation to the claimants. 9. Insofar as the quantum of compensation is concerned, the Tribunal assessed the notional income of - 9 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 the deceased at Rs.4,000/- per month, which is on the meagre side. The claimants have stated that prior to the accident, the deceased was an agriculturist and was also LIC agent earning Rs.15,000/- per month. To substantiate this contention, the claimants have produced Ex.P.7-RTC Extract, however, they have not furnished any document in proof of the income of the deceased. In the absence of any proof of income, taking note of the Circular issued by the Karnataka State Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we reassess the income of the deceased at Rs.8,000/- per month. 10. As on the date of the accident, the age of the deceased was 51 years. As per the decision of the Hon'ble Apex Court in the case of SMT. SARLA VERMA AND OTHERS vs DELHI TRANSPORT CORPORATION AND ANOTHER reported in 2009 ACJ 1298, the multiplier applicable to the age of the deceased is 11. Further, the Tribunal has not granted any amount towards future - 10 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 prospects of the deceased. In view of the ratio laid down by the Hon'ble Apex Court in the aforesaid decision, for the age group of the deceased, 10% to the income of the deceased has to be added towards loss of future prospects. Further, the Tribunal has wrongly deducted 50% of the income towards the personal expenses of the deceased, though there are four claimants i.e., wife, married son and two unmarried daughters. In view of the law laid down in SARLA VERMA's case (supra), 1/3rd has to be deducted towards the personal expenses of the deceased. Thus, the loss of dependency is reckoned as under: 8000+10% future prospectsx12x1/3x11=3,87,200/- 11. Further, the compensation granted under the head 'loss of consortium' is on meagre side. In view of the law laid down by the Hon'ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED Vs. NANU RAM AND OTHERS reported in 2018 ACJ 2782 - 11 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 and NATIONAL INSURANCE CO. LTD. Vs. PRANAY SETHI reported in (2017) 16 SCC 680, the appellants are entitled for Rs.40,000/- each under the head 'loss of consortium', which comes to Rs.1,60,000/-. Further, the claimants are also entitled for Rs.15,000/- towards loss of estate. 12. Thus, the appellants/claimants are entitled for the following compensation: Sl.No. Heads of compensation Amount in Rs. 1. Towards loss of dependency Rs. 3,87,200/- 2. Towards transportation of dead body and funeral expenses Rs. 10,000/- 3. Towards loss of love and affection Rs. 30,000/- 4. Towards loss of consortium Rs. 1,60,000/- 5. Towards loss of estate Rs. 15,000/- Total Rs. 6,02,200/- Less compensation awarded by the Tribunal Rs. 3,14,000/- Enhanced Compensation Rs. 2,88,200/- - 12 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 13. In the result, we pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The appellants/claimants are entitled for a total compensation of Rs.6,02,200/- as against Rs.3,14,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.2,88,200/- from the date of claim petition till the date of its realisation. (iii) Respondent Nos.2 and 3 are directed to deposit the additional compensation amount together with interest within six weeks from the date of receipt of copy of this judgment. (iv) Apportionment, disbursement and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. - 13 - HC-KAR NC: 2025:KHC:33722-DB MFA No. 3929 of 2016 (v) Draw the modified award accordingly. (vi) No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BKV List No.: 1 Sl No.: 27